No more trust in system, double voter says as case goes back to court

Mohd Fadhli Khaharruddin, 25, says his friends are shunning him after he was charged with committing an electoral offence in the 13th general election. – The Malaysian Insider pic by Kamal Ariffin, January 2, 2016.

Information technology officer Mohd Fadhli Khaharruddin, 25, is bracing himself for a drawn-out legal battle to clear his name for doing what he feels was the right thing – reporting to the police the wrongful issuance of a ballot paper in the 13th general election in 2013 after he had already voted.

His joy at being acquitted by the Kuantan magistrate’s court on December 9 was short-lived, when the deputy public prosecutor (DPP) filed an appeal two days later. Fadhli’s lawyers received notice of the appeal on December 22.

“It was three days before Christmas when I was told by my lawyer that the DPP is appealing against the court decision. I am angry and upset with all these but what can I do,” he told The Malaysian Insider in an interview.

Fadhli was charged under the Election Offences Act 1955 on September 12, 2014 with possessing a ballot paper without authority and attempting to leave the voting area with it.

Since then, he has had to put up with accusations of having bad intentions, of helping certain parties and of being paid to go against the government.

Friends, neighbours and even some family members, treated him as if he had been pronounced guilty after his arrest and charge, despite trial not having even started, said Fadhli.

“My mum and dad are very old. They did not say much because the neighbours were talking a lot. 

“In fact, all of my family members did not say anything. They acted like nothing happen. We never talked about it. 

“The only thing one of them said was if I did it with good intentions, God will help,” he said.

Most upsetting is the fact that those good intentions have been misunderstood. Friends began to shun him and some hit out at him for lodging a police report.

Fadhli said the episode revealed to him the depth of people’s indifference and also fears over problems with the electoral system.

“People accused me of being used and paid by certain parties to do such thing.

“I am neutral. I am not a member of any political party. I did it with no ill intention.”

He also said he noticed that although many people were unhappy or had reservations about the electoral system, most decided to keep quiet to avoid creating trouble for themselves.

“Maybe it was best to just not say anything. The form of intimidation that I received made me wary more now.”

Fadhli had voted in the Kuantan parliamentary seat in Pahang and the Tanjung Lumpur state seat in the general election on May 5, 2013, the year the Election Commission (EC) introduced indelible ink for the first time.

He said he was driven to “test the system” after the indelible ink on his finger washed off, “despite what the EC claimed”.

After casting his ballot at the polling centre at SK Sungai Isap, Fadhli returned at 1.15pm and was allowed to vote again when EC officers saw no ink on the finger.

He was given a second set of ballot papers, and his name also did not appear struck off on the electoral roll despite having voted earlier.

Fadhli said when he got the ballot paper a second time, he showed it to a policeman on duty at the polling station and requested to lodge a report.

A year later, he was charged for committing an offence.

As pressure from peers and family mounted after the charge, Fadhli said he sought help from electoral reform group Bersih 2.0 over his case.

“I do not know who to believe any more so I decided to ask for Bersih help and advice. I am grateful with the support I received from them.”

It has made him lose faith in the police, he added.

“I went to them to lodge a police report. Instead of finding out why the ink was so easily washable, they arrested me and took me to court.”

He said he had no ill intentions when he decided to “test the system”.

“I did not do it to topple the government. I could have gotten away with it if I kept quiet. But I went to the police and told them what happened.”

Fadhli added that the government should not punish a citizen for wanting to “contribute” by pointing out flaws so as to improve a system.

He told the court he wanted to hand over the ballot paper to the police to prove that double voting was possible.

Magistrate Noor Zaihan Mohamad Ali, in deciding on Fadhli’s acquittal, said the defence had created doubt in the prosecution’s case.

Fadhli’s lawyer Datuk Bastian Vendargon had submitted that the act of crossing the boundary of the polling station was not proven by the prosecution.

“The polling station boundary was not gazetted and as such there was no way to show my client had exited the area.”

He said his client did not intend to commit the offence but merely wanted to show that there was weakness in the electoral system and that there was potential of double voting.

Like Fadhli, former air force major Zaidi Ahmad had also found that the indelible ink used in GE13 washed off easily.

Zaidi was dismissed from the armed forces after being found guilty by a military tribunal for breaking protocol in reporting problems with the ink.

He had defied orders by speaking to the media without the consent of the Defence Ministry.

- TMI